Defence (Visiting Forces) Regulations (Amendment)

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STATUTORY RULES

1966 No. 28

 

REGULATIONS UNDER THE DEFENCE (VISITING FORCES) ACT 1963.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence (Visiting Forces) Act 1963.

Dated this third day of February, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Attorney-General.

——

Amendments of the Defence (Visiting Forces) Regulations†

Form of warrant.

1. Regulation 5a of the Defence (Visiting Forces) Regulations is amended by omitting the words “the Form” and inserting in their stead the word “Form 1”.

2. After regulation 8 of the Defence (Visiting Forces) Regulations the following regulations are inserted:—

Summons to give evidence before, or produce documents to, service tribunal.

“ 9.—(1.) The power to summon witnesses to give evidence and produce documents conferred by section 94 of the Defence Act 1903-1965 shall, subject to the condition specified in the next succeeding sub-regulation, be exercisable, with respect to the service tribunals of a visiting force of a country in relation to which section 8 of the Act applies, by—

(a) an officer of the Defence Force to whom the Governor-General has, by an instrument of delegation that is in force, delegated any of his powers under section 86 of the Defence Act 1903-1965; and

(b) an. officer who holds a rank not below the rank of Commander in the Naval Forces, Lieutenant-Colonel in. the Military Forces or Wing Commander in the Air Force.

“ (2.) The condition subject to which the power to summon a witness shall be exercisable by an officer is that the officer is satisfied that the person requesting the issue of the summons has paid or will pay the reasonable expenses of the witness in attending before the service tribunal.

Duties of person summoned before a service tribunal.

“ 10. The requirements of section 95 of the Defence Act 1903-1965 in relation to a person who has been lawfully summoned to attend a court-martial to give evidence or produce documents have effect, in the case of

* Notified in the Commonwealth Gazette on 10 February, 1966.

† Statutory Rules 1963, No. 134, as amended by Statutory Rules 1965, No. 2.

8782/65.—Price 6d. (5c) 14/17.1.1966


a person who has been lawfully summoned to attend a service tribunal of a visiting force to give evidence or produce documents, to the extent to which they would have effect if the visiting force were a part of the Defence Force.

Warrant for temporary detention of person charged with offence.

“ 11.—(1.) The power to issue a warrant for the temporary detention of a person charged with an offence triable by court-martial conferred by section 115 of the Defence Act 1903-1965 shall be exercisable—

(a) by a person authorized by or under that section; or

(b) by an officer of the Defence Force authorized by the Naval Board, the Military Board or the Air Board for the purposes of Part III. of the Act,

with respect to a member of a visiting force of a country in relation to which section 8 of the Act applies charged with an offence triable by a service tribunal of the visiting force.

“ (2.) A warrant under section 115 of the Defence Act 1903-1965 in its application in relation to a member of a visiting force charged with an offence triable by a service tribunal of a visiting force—

(a) shall be in accordance with Form 2 in the Schedule to these Regulations; and

(b) may authorize the temporary detention of the person in—

(i) a gaol, lock-up or other place in a State or Territory of the Commonwealth in which a person charged with an offence may be detained while awaiting trial;

(ii) a place appointed by the Governor-General under regulation 359 of the Australian Military Regulations to be a military prison, a detention barrack or a military corrective establishment;

(iii) a place that is a barrack detention room for the purposes of those Regulations;

(iv) a place at a Naval Establishment set aside for the detention of ratings sentenced to cells; or

(v) a place that is a place of detention for the purposes of the Air Force Regulations.

Witnesses before service tribunals.

“ 12.—(1.) A service tribunal of a visiting force of a country in relation to which section 8 of the Act applies may receive evidence on oath from a person not subject to the jurisdiction of the service tribunal who appears as a witness before the tribunal, whether the person has been summoned or appears without being summoned, and for this purpose a member of the tribunal may administer an oath to the person.

“ (2.) Where a witness conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions that are asked him.

“ (3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

“ (4.) A person referred to in sub-regulation (1.) of this regulation who appears as a witness before a service tribunal has the same protection as a witness in a matter before the High Court.”.


The schedule.

4.—The Schedule to the Defence (Visiting Forces) Regulations is amended—

(a) by inserting after the words—

“ The Schedule.”

the words—

“ Form l.”; and

(b) by omitting the word “ warrant ” (first occurring) and inserting in its stead the words—

“ warrant for the apprehension of deserter or absentee without leave ”.

(2.) The Schedule to the Defence (Visiting Forces) Regulations is amended by adding at the end thereof the following form:—

Form 2.

Regulation 11.

Commonwealth of Australia.

Defence (Visiting Forces) Act.

WARRANT FOR THE TEMPORARY DETENTION OF PERSON CHARGED WITH OFFENCE

TO (description of person in charge of place of detention)

at (address)

WHEREAS (full name and description of person to be detained)                                                                                        is a person charged with an offence triable by a service tribunal of                                                                      :

Now therefore, I (full name), (description of officer issuing the warrant), being an officer authorized to issue warrants for the temporary detention of persons charged with offences before the service tribunals of                                          , do, by this warrant, authorize the temporary detention of the said                                          in                                          and do order you, the said                                          , to receive the said into your custody at                                                        and detain him there until you receive a further order from me or from another officer authorized to issue such warrants.

Dated this day of , 19 .

(Signature.)

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Defence (Visiting Forces) Regulations 1966 were enacted under the Defence (Visiting Forces) Act 1963 to establish the legal framework for the temporary detention, service tribunals, and other judicial proceedings involving members of visiting forces in Australia. These regulations were created by the Governor-General in accordance with the advice of the Federal Executive Council. The primary objective of these regulations is to ensure that visiting forces from other countries are subject to Australian law when they are in the country for official purposes, thereby maintaining the sovereignty and legal integrity of Australia. This legislative instrument provides the necessary mechanisms for the Australian Defence Force to interact with visiting forces in a manner consistent with international agreements and domestic law.

Scope and Application

The Defence (Visiting Forces) Regulations, made under the Defence (Visiting Forces) Act 1963, apply to members of visiting forces of countries in relation to which section 8 of the Act applies. This includes members of foreign military forces present in Australia under the provisions of the Act. The Regulations pertain to the procedures and powers available to Defence Force officers and other specified officials in relation to the administration of justice and the handling of offences committed by members of visiting forces. The Regulations establish the conditions under which Defence Force officers or equivalent-ranked officials can summon witnesses, issue warrants for temporary detention, and conduct proceedings before service tribunals of visiting forces. These powers extend to offences triable by service tribunals and are subject to certain conditions, such as the payment of witness expenses. The Regulations also clarify the forms and procedures for issuing warrants, including a specific form for warrants related to the temporary detention of persons charged with offences. The Regulations do not explicitly outline exclusions or exemptions, but they are designed to operate within the broader framework of the Defence (Visiting Forces) Act 1963, which includes jurisdictional and procedural guidelines for the treatment of visiting forces in Australia.

Key Provisions

The main operative sections of these Regulations, under the Defence (Visiting Forces) Act 1963, primarily address the procedural aspects of summoning witnesses and issuing warrants for temporary detention for members of visiting forces. Regulation 9 outlines the conditions under which an officer can summon witnesses to give evidence or produce documents before a service tribunal of a visiting force. This power is contingent on the officer being satisfied that the reasonable expenses of the witness will be paid (Reg. 9(1)). Regulation 10 stipulates that a person summoned to give evidence or produce documents to a service tribunal has the same protections and obligations as a person summoned to a court-martial (Reg. 10). Regulation 11 details the conditions under which a warrant for the temporary detention of a person charged with an offence triable by a service tribunal can be issued, including the form that the warrant must take (Reg. 11). The Regulations impose several obligations on the parties involved. Officers of the Defence Force who are delegated to summon witnesses must ensure that the reasonable expenses of the witnesses are paid (Reg. 9(1)). Similarly, officers authorized to issue warrants for the temporary detention of persons must adhere to the specified form and conditions outlined in Regulation 11. These officers must also ensure that the warrants are issued in accordance with the Defence Act 1903-1965 and that the appropriate detention facilities are utilized (Reg. 11(2)). Service tribunals of visiting forces are required to follow the same procedural rules as Defence Force tribunals when it comes to receiving evidence from witnesses, including administering oaths or affirmations (Reg. 12). Breach of these Regulations can result in both civil and criminal consequences. For instance, failure to pay the reasonable expenses of a summoned witness, as required by Regulation 9(1), may lead to the summoned party being unable to legally compel the witness's attendance. Issuing a warrant that does not comply with the specified form and conditions under Regulation 11 could result in the warrant being deemed invalid, potentially leading to the unlawful detention of the individual. While the Regulations do not explicitly state penalties for these breaches, non-compliance could lead to legal challenges and the nullification of the tribunal's proceedings.

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Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Administrative Discretion
Catchwords
Form of warrant
Duties of person summoned before a service tribunal

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.